Speak to any small business owner right now and you’ll hear the same thing.
Costs are rising. Pressure is building.
And somehow, they’re expected to carry more, with less control.
There’s a new player entering UK employment law - The Fair Work Agency
On paper, it sounds like a good thing.
Fair pay.
Fair treatment.
Better protections for workers.
No one’s arguing with that.
But there’s a question sitting underneath all of this that hardly anyone is asking:
Fair for who?
The system is getting stronger… for employees
Let’s be clear, employees are about to become more protected than ever.
Under the latest changes, they’ll have:
• Enforcement of minimum wage and holiday pay through the state
• A legal requirement for employers to inform them of their right to join a union
• Greater access to union representation
• External bodies stepping directly into workplace disputes
This is a system that’s becoming:
More active.
More structured.
More supportive.
And again that’s not a bad thing.
But it’s only one side of the story.
Now let’s talk about the other side
The person running the business.
The one who:
• Pays the wages
• Handles compliance
• Carries the financial risk
• Keeps the whole thing from falling apart
Let’s be honest for a second…
What does “fairness” look like for them?
Because right now, it looks like this:
• No minimum income protection
• No statutory holiday pay
• No sick pay
• No enforcement body acting on their behalf
If things go wrong, they don’t call for help.
They absorb it.
Out of their own pocket.
“But business owners can join organisations…”
Sure. Of course they can.
An employee can join a union for £10–£20 a month.
A business owner can join something like the Federation of Small Businesses for a similar cost over a year.
On the surface, that sounds balanced.
But that’s not where the real difference lies.
One is built into the system. The other isn’t.
Employees:
• Are automatically protected by law
• Have enforcement bodies acting for them
• Are actively informed of their rights
• Can access support inside the workplace
Business owners:
• Have to go looking for support
• Have to pay for it themselves
• Have no equivalent enforcement body
• Have no obligation from the system to support them
One is built in.
One is left to chance.
That’s not a small difference.
That’s the whole game.
And at the same time… control is shifting
Here’s where it gets more complicated.
Business owners are still responsible for everything.
But they’re not in full control anymore:
• Wage floors are set by the government
• Taxes are being driven upwards all round
• Compliance requirements are expanding fast to reflect incoming legislation
• Enforcement is becoming more proactive by the state
So the original deal used to be:
Take the risk. Keep the control.
Now?
Take the risk. Share the control. Carry the whole responsibility.
That’s a very different equation.
The question no one has properly answered
What is a “worker”?
Because this entire system is being built around protecting workers.
But in reality… it’s not protecting all of them.
Think about a small business owner.
They’re:
• Delivering the service
• Managing clients
• Handling operations
• Wearing five different hats
• Working long hours just to stay afloat
Are they not working?
Of course they are.
But legally?
They’re classified as self-employed or a company director.
Which means they sit outside the very protections being created and strengthened across the system.
So who represents them?
Trade unions exist for employees and they play an important role.
But they’re not built for business owners.
And there is no equivalent system with the same:
• Access
• Influence
• Enforcement power
So what are we left with?
A system where:
• One side is increasingly supported, protected, and represented
• The other is expected to navigate growing complexity and costs alone with no support
This is where the imbalance starts to matter
Because most small businesses aren’t big corporations.
They’re people:
- People working long hours
- People taking financial risks
- People trying to build something sustainable
And in many cases?
They’re earning less than their own employees, especially in the early years.
But none of that shows up in policy.
None of it gets protected.
And none of it gets supported.
So what does “fair” actually mean?
If fairness at work is the goal, it can’t just apply in one direction.
It has to reflect how modern businesses actually operate.
Because right now, a system is being built that recognises one type of worker…
And ignores another.
The one that makes employment possible in the first place.
Final thought
The Fair Work Agency may well improve fairness inside businesses.
But it raises a bigger question:
Who is making sure the system itself is fair?
Because if fairness is the goal…
It can’t depend on which side of the payslip you sit.
Updates linked to employment legislation
Being more cautious about hiring